Preview
CM-110
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Jack R. Reinholtz (Bar# 149884), Cynthia A. Palin (Bar# 143486)
Prindle Goetz Barnes & Reinholtz TLE. 310 Golden Shore, Fourth
.OOr
Long Beach, CA 90802
TELEPHONE
NO: (562) 436-3946 FAX NO. (Optional)
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Tilton Pacific Construction, Inc., Defendant
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
street anoress: 191 N, First St.
maiting Apress: 19] N. First St.
cry ano zip cove: San Jose 95113
BRANCH NaME: Downtown
PLAINTIFF/PETITIONER: RUBEN MENDOZA
DEFENDANT/RESPONDENT: CITY SPORTS CLUB, et al
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one). [G1 untimitep case [1 uimitep case
(Amount demanded (Amount demanded is $25,000 16cv298379
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: December4, 2018 Time: 10:00 a.m. Dept.: 9 Div. Room;
Address of court (if different from the address above).
[EC] Notice of Intent to Appear by Telephone, by (name): Cynthia A. Palin
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
fo or parties (answer one):
This statement is submitted by party (name): Tilton Pacific Construction, Inc.
b [1 This statement is submitted jointly by parties (names):
Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date).
b. [XJ] The cross-complaint, if any, was filed on (date): 11-1-16; 3-22-18; 4-9-18 and 10-12-18
Service (to be answered by plaintiffs and cross-complainants only)
All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
vb C4 The following parties named in the complaint or cross-complaint
(1) [1 have not been served (specify names and explain why not)
(2) [1 have been served but have not appeared and have not been dismissed (specify names).
(3) [1 have had a default entered against them (specify names):
c. Co The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served).
Description of case
a Type of casein [X] complaint [J cross-com plaint (Describe, including causes of action).
Plaintiff's Complaint for Personal Injury, Negligence, Premises Liability; Tilton's Cross-Complaint for
Express and Implied Indemnity
Page 4 of §
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
‘Judicial Council of California rules 3.720-3.730
‘CM-110 [Rev. July1, 2044] www.courts.ca gov
LexisNexis® Automated California Judicial Council Forms
CM-110
PLAINTIFF/PETITIONER: RUBEN MENDOZA ‘CASE NUMBER:
DEFENDANT/RESPONDENT: CITY SPORTS CLUB, et al. 16cv298379
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
See Plaintiff's statement.
[1 (ifmore space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request a jury trial CI a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. [_] The trial has been set for (date):
No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Available after March 21
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. (Eq) days (specify number): 10 days
b. [1 hours (short causes) (specify):
Trial representation (fo be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption C3) by the following:
a Attorney:
b. Firm:
c. Address:
d. Telephone number: f Fax number:
E-mail address:
oS
g. Party represented:
Additional representation is described in Attachment 8.
Preference
{1 This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel has [_] has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party [1 has [1 has not reviewed the ADR information package identified in rule 3.221
b. Referral to judicial arbitration or civil action mediation (if available).
a C4
e
This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
@ CO Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
@ Co This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
(CM-170 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 20f5
LexisNexis® Automated California Judicial Council Forms
ee
CM-110
PLAINTIFF/PETITIONER: RUBEN MENDOZA CASE NUMBER:
DEFENDANT/RESPONDENT: CyTY SPORTS CLUB, et al. 16¢v298379
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties’ ADR
processes (check all that apply): stipulation):
Cc Mediation session not yet scheduled
(1) Mediation oo Co Mediation session scheduled for (date):
co Agreed to complete mediation by (date):
Cl Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
‘CM-110 [Rev July 1, 2047] Page ofS
CASE MANAGEMENT STATEMENT
LexisNexis® Automated California Judicial Council Forms
CM-11
PLAINTIFF/PETITIONER: RUBEN MENDOZA CASE NUMBER:
16cv298379
| DEFENDANTIRESPONDENT: CITY SPORTS CLUB, et al.
11. Insurance
a. [XJ Insurance carrier, if any, for party filing this statement (name): Admiral Insurance Company
b. Reservation of rights: Yes No
c. CI Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
[-] Bankruptey [—] Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [] There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[] Additional cases are described in Attachment 13a.
b. [_] Amotion to [) consolidate [1] coordinate will be filed by (name party):
14. Bifurcation
[] The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
[-) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. [_] The party or parties have completed all discovery.
b. EX] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Beseription Date
Defendant/Cross-Complainant Written Discovery March 2019
Defendant/Cross-Complainant Depositions of all Parties March 2019
Defendant/Cross-Complainant Expert Depositions Per Code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
(CM-110 [Rev. July 4, 2011] CASE MANAGEMENT STATEMENT Page
4 of 5
LexisNexis® Automated California Judicial Council Forms
CM-110
PLAINTIFF/PETITIONER: RUBEN MENDOZA CASE NUMBER:
16cv298379
| DEFENDANTIRESPONDENT: CITY SPORTS CLUB, et al.
17. Economic ation
a. (J Thi is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. [] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
[J the party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any):
| am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
pate: Alvernher 13 2A8
Cynthia A. Palin
(TYPE OR PRINT NAME)
\ fr Lilie
(SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
» (SIGNATURE OF PARTY OR ATTORNEY)
[1 Additional signatures are attached.
(GM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page & of§
LexisNexis® Automated California Judicial Council Forms
—
PROOF OF SERVICE
Mendoza v. City Sports Club
Case No. 16CV298379
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the age of 18
years and am not a party to this action. My business address is 310 Golden Shore, Fourth Floor,
Long Beach, California 90802.
On November 13, 2018, I served the foregoing document described as CASE
MANAGEMENT STATEMENT on interested parties in this action by placing a true copy thereof
enclosed in sealed envelopes as follows:
SEE ATTACHED SERVICE LIST
(By U.S. Mail) I am readily familiar with my employer’s business practice for collection and
processing of correspondence for mailing with the United States Postal Service. I am aware
10 that on motion of the party served, service is presumed invalid if postal cancellation date or
postage meter is more than one day after date of deposit for mailing in affidavit. | deposited
11 such envelope(s) with postage thereon fully prepaid to be placed in the United States Mail at
Long Beach, California.
12
(By Facsimile) I served a true and correct copy by facsimile pursuant to C.C.P. 1013(e),
13 calling for agreement and written confirmation of that agreement or court order, to the
number(s) listed above or on attached sheet. Said transmission was reported complete and
14 without error.
15 (By Personal Service) I caused to be delivered by hand by to the
interested parties in this action by placing the above mentioned document(s) thereof in
16 envelope addressed to the office of the addressee(s) listed above or on attached sheet.
17 (By Overnight Courier) I served the above referenced document(s) enclosed in a sealed
package, for collection and for delivery marked for next day delivery in the ordinary course of
18 business, addressed to the office of the addressee(s) listed above or on attached sheet.
19 (By E-Mail) I transmitted a copy of the foregoing documents(s) via e-mail to the
addressee(s).
20
(State) I declare under penalty of perjury under the laws of the State of California that the
21 foregoing is true and correct.
22 (Federal) I declare that I am employed in the office of a member of the Bar of this Court, at
whose direction the service was made. I declare under penalty of perjury under the laws of
23 the United States of America that the foregoing is true and correct.
24 Executed on November 13, 2018, at Long on
25
el Kuaselamd
26
27
28
Mendoza v. City Sports Club
Case No. 16CV298379
SERVICE LIST
Michael A. Horowitz, Esq. Attorneys for Plaintiff
Habbas, Nasseri & Associates
675 N. First St., Ste. 1000 (408) 278-0480
San Jose, CA 95112 Fax: (408) 278-0488
James F, Waite, Esq. Attorneys for Defendant/Cross-Complainants
Law Offices of Christian B. Green Tilton Pacific Construction, Inc., Son Tran,
555 12th Street, Suite 600 Fitness International, LLC dba City Sports
Oakland, Ca. 94607-4067 Club, and City Sports Club
10
510-645-2313 (direct line, office)
ll 415-312-4193 (cell)
12
Fax: (866) 853-8846
james.waite@cna.com
13
14 Gregory Arakawa, Esq. Attorneys for Defendant/Cross Complainant
Amy Hammond, Esq. Dollinger Properties, Exstra-Arques, LLC,
15 Wood, Smith, Henning & Berman, LLP DPM Property Management, Inc. and DP
1401 Willow Pass Road, Suite 700 Ventures, LLC
16
Concord, Ca. 94520-3969
17 924-222-3400 (per state bar)
925-356-8200 (per Court listing)
18 925-356-8250 Fax
gpa@wshblaw.com
19 AHammond@wshblaw.com
20
Ralph Robert Rhoades, Esq. Attorneys for Cross-Defendant Novo Tec, Inc.
21 Parton & Sell, PC
523 Fourth St., Ste. 210 415-258-9700
22 San Rafael, CA 94901 415-258-9739 (fax)
RRhoades@partonsell.com
23
24
25
26
27
28
——— ee
David V. Roth, Esq. Attorneys for Cross-Defendant, Ageless
Jessica R. Spinola, Esq. Plastering Company
MANNING & KASS, ELLROD, RAMIREZ,
TRESTER LLP 415-217-6990
1 California St., Ste. 900 415-217-6999 (fax)
San Francisco, CA 94111 dyr@manningllp.com
jrs@manningllp.com
David H. Bennett, Esq. Attorneys for Cross-defendant/Cross-
Hollingshead & Associates complainant, McCurley and Day Masonry, Inc.
3880 Atherton Road
Rocklin, CA 95765 (916) 630-3803
Fax: (916) 630-3848
dbennett@wedefend.com
Joshua S. Goodman, Esq. Attorneys for Cross-defendant/Cross-
10 James F. Hetherington, Esq. complainant, Preston Pipelines, Inc.
11 Goodman Neuman Hamilton, LLP
417 Montgomery St., 10th Floor (415) 705-0400
12 San Francisco, CA 94104 Fax: (415) 705-0411
13 jhetherington@gnhllp.com
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
_ a
Preview
CM-110 "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Jack R. Reinholtz (Bar# 149884), Cynthia A. Palin (Bar# 143486) Prindle Goetz Barnes & Reinholtz TLE. 310 Golden Shore, Fourth .OOr Long Beach, CA 90802 TELEPHONE NO: (562) 436-3946 FAX NO. (Optional) E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Tilton Pacific Construction, Inc., Defendant SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA street anoress: 191 N, First St. maiting Apress: 19] N. First St. cry ano zip cove: San Jose 95113 BRANCH NaME: Downtown PLAINTIFF/PETITIONER: RUBEN MENDOZA DEFENDANT/RESPONDENT: CITY SPORTS CLUB, et al CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one). [G1 untimitep case [1 uimitep case (Amount demanded (Amount demanded is $25,000 16cv298379 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December4, 2018 Time: 10:00 a.m. Dept.: 9 Div. Room; Address of court (if different from the address above). [EC] Notice of Intent to Appear by Telephone, by (name): Cynthia A. Palin INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. fo or parties (answer one): This statement is submitted by party (name): Tilton Pacific Construction, Inc. b [1 This statement is submitted jointly by parties (names): Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date). b. [XJ] The cross-complaint, if any, was filed on (date): 11-1-16; 3-22-18; 4-9-18 and 10-12-18 Service (to be answered by plaintiffs and cross-complainants only) All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. vb C4 The following parties named in the complaint or cross-complaint (1) [1 have not been served (specify names and explain why not) (2) [1 have been served but have not appeared and have not been dismissed (specify names). (3) [1 have had a default entered against them (specify names): c. Co The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served). Description of case a Type of casein [X] complaint [J cross-com plaint (Describe, including causes of action). Plaintiff's Complaint for Personal Injury, Negligence, Premises Liability; Tilton's Cross-Complaint for Express and Implied Indemnity Page 4 of § Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, ‘Judicial Council of California rules 3.720-3.730 ‘CM-110 [Rev. July1, 2044] www.courts.ca gov LexisNexis® Automated California Judicial Council Forms CM-110 PLAINTIFF/PETITIONER: RUBEN MENDOZA ‘CASE NUMBER: DEFENDANT/RESPONDENT: CITY SPORTS CLUB, et al. 16cv298379 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) See Plaintiff's statement. [1 (ifmore space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request a jury trial CI a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. [_] The trial has been set for (date): No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Available after March 21 Estimated length of trial The party or parties estimate that the trial will take (check one): a. (Eq) days (specify number): 10 days b. [1 hours (short causes) (specify): Trial representation (fo be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption C3) by the following: a Attorney: b. Firm: c. Address: d. Telephone number: f Fax number: E-mail address: oS g. Party represented: Additional representation is described in Attachment 8. Preference {1 This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has [_] has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party [1 has [1 has not reviewed the ADR information package identified in rule 3.221 b. Referral to judicial arbitration or civil action mediation (if available). a C4 e This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. @ CO Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. @ Co This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): (CM-170 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 20f5 LexisNexis® Automated California Judicial Council Forms ee CM-110 PLAINTIFF/PETITIONER: RUBEN MENDOZA CASE NUMBER: DEFENDANT/RESPONDENT: CyTY SPORTS CLUB, et al. 16¢v298379 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties’ ADR processes (check all that apply): stipulation): Cc Mediation session not yet scheduled (1) Mediation oo Co Mediation session scheduled for (date): co Agreed to complete mediation by (date): Cl Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): ‘CM-110 [Rev July 1, 2047] Page ofS CASE MANAGEMENT STATEMENT LexisNexis® Automated California Judicial Council Forms CM-11 PLAINTIFF/PETITIONER: RUBEN MENDOZA CASE NUMBER: 16cv298379 | DEFENDANTIRESPONDENT: CITY SPORTS CLUB, et al. 11. Insurance a. [XJ Insurance carrier, if any, for party filing this statement (name): Admiral Insurance Company b. Reservation of rights: Yes No c. CI Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. [-] Bankruptey [—] Other (specify): Status: 13. Related cases, consolidation, and coordination a. [] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [] Additional cases are described in Attachment 13a. b. [_] Amotion to [) consolidate [1] coordinate will be filed by (name party): 14. Bifurcation [] The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions [-) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. [_] The party or parties have completed all discovery. b. EX] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Beseription Date Defendant/Cross-Complainant Written Discovery March 2019 Defendant/Cross-Complainant Depositions of all Parties March 2019 Defendant/Cross-Complainant Expert Depositions Per Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): (CM-110 [Rev. July 4, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 LexisNexis® Automated California Judicial Council Forms CM-110 PLAINTIFF/PETITIONER: RUBEN MENDOZA CASE NUMBER: 16cv298379 | DEFENDANTIRESPONDENT: CITY SPORTS CLUB, et al. 17. Economic ation a. (J Thi is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. [] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues [J the party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. pate: Alvernher 13 2A8 Cynthia A. Palin (TYPE OR PRINT NAME) \ fr Lilie (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) » (SIGNATURE OF PARTY OR ATTORNEY) [1 Additional signatures are attached. (GM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page & of§ LexisNexis® Automated California Judicial Council Forms — PROOF OF SERVICE Mendoza v. City Sports Club Case No. 16CV298379 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and am not a party to this action. My business address is 310 Golden Shore, Fourth Floor, Long Beach, California 90802. On November 13, 2018, I served the foregoing document described as CASE MANAGEMENT STATEMENT on interested parties in this action by placing a true copy thereof enclosed in sealed envelopes as follows: SEE ATTACHED SERVICE LIST (By U.S. Mail) I am readily familiar with my employer’s business practice for collection and processing of correspondence for mailing with the United States Postal Service. I am aware 10 that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter is more than one day after date of deposit for mailing in affidavit. | deposited 11 such envelope(s) with postage thereon fully prepaid to be placed in the United States Mail at Long Beach, California. 12 (By Facsimile) I served a true and correct copy by facsimile pursuant to C.C.P. 1013(e), 13 calling for agreement and written confirmation of that agreement or court order, to the number(s) listed above or on attached sheet. Said transmission was reported complete and 14 without error. 15 (By Personal Service) I caused to be delivered by hand by to the interested parties in this action by placing the above mentioned document(s) thereof in 16 envelope addressed to the office of the addressee(s) listed above or on attached sheet. 17 (By Overnight Courier) I served the above referenced document(s) enclosed in a sealed package, for collection and for delivery marked for next day delivery in the ordinary course of 18 business, addressed to the office of the addressee(s) listed above or on attached sheet. 19 (By E-Mail) I transmitted a copy of the foregoing documents(s) via e-mail to the addressee(s). 20 (State) I declare under penalty of perjury under the laws of the State of California that the 21 foregoing is true and correct. 22 (Federal) I declare that I am employed in the office of a member of the Bar of this Court, at whose direction the service was made. I declare under penalty of perjury under the laws of 23 the United States of America that the foregoing is true and correct. 24 Executed on November 13, 2018, at Long on 25 el Kuaselamd 26 27 28 Mendoza v. City Sports Club Case No. 16CV298379 SERVICE LIST Michael A. Horowitz, Esq. Attorneys for Plaintiff Habbas, Nasseri & Associates 675 N. First St., Ste. 1000 (408) 278-0480 San Jose, CA 95112 Fax: (408) 278-0488 James F, Waite, Esq. Attorneys for Defendant/Cross-Complainants Law Offices of Christian B. Green Tilton Pacific Construction, Inc., Son Tran, 555 12th Street, Suite 600 Fitness International, LLC dba City Sports Oakland, Ca. 94607-4067 Club, and City Sports Club 10 510-645-2313 (direct line, office) ll 415-312-4193 (cell) 12 Fax: (866) 853-8846 james.waite@cna.com 13 14 Gregory Arakawa, Esq. Attorneys for Defendant/Cross Complainant Amy Hammond, Esq. Dollinger Properties, Exstra-Arques, LLC, 15 Wood, Smith, Henning & Berman, LLP DPM Property Management, Inc. and DP 1401 Willow Pass Road, Suite 700 Ventures, LLC 16 Concord, Ca. 94520-3969 17 924-222-3400 (per state bar) 925-356-8200 (per Court listing) 18 925-356-8250 Fax gpa@wshblaw.com 19 AHammond@wshblaw.com 20 Ralph Robert Rhoades, Esq. Attorneys for Cross-Defendant Novo Tec, Inc. 21 Parton & Sell, PC 523 Fourth St., Ste. 210 415-258-9700 22 San Rafael, CA 94901 415-258-9739 (fax) RRhoades@partonsell.com 23 24 25 26 27 28 ——— ee David V. Roth, Esq. Attorneys for Cross-Defendant, Ageless Jessica R. Spinola, Esq. Plastering Company MANNING & KASS, ELLROD, RAMIREZ, TRESTER LLP 415-217-6990 1 California St., Ste. 900 415-217-6999 (fax) San Francisco, CA 94111 dyr@manningllp.com jrs@manningllp.com David H. Bennett, Esq. Attorneys for Cross-defendant/Cross- Hollingshead & Associates complainant, McCurley and Day Masonry, Inc. 3880 Atherton Road Rocklin, CA 95765 (916) 630-3803 Fax: (916) 630-3848 dbennett@wedefend.com Joshua S. Goodman, Esq. Attorneys for Cross-defendant/Cross- 10 James F. Hetherington, Esq. complainant, Preston Pipelines, Inc. 11 Goodman Neuman Hamilton, LLP 417 Montgomery St., 10th Floor (415) 705-0400 12 San Francisco, CA 94104 Fax: (415) 705-0411 13 jhetherington@gnhllp.com 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _ a